Legal Question in Criminal Law in India

cr,pc ammendement

Acccording to new ammendement in cr,pc no arrest willl me made in 420 and no chances to going in jail for accused person till final judgement?Is accused of 420 case person can feel free in air after this ammendement ?


Asked on 2/18/09, 12:37 pm

4 Answers from Attorneys

SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: cr,pc ammendement

"The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate with the police officer in the probe. No arrest will be made a non-cognisable offence except under a warrant or order of a magistrate. The reasons for arrest should be sound and recorded in writing by the police officer, the amendment proposes.

Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice and arrest can be made only if the person fails to comply with the notice.

Another amendment in Section 41 proposes that every police officer while making an arrest shall "bear an accurate visible and clear identification of his name." At the time of arrest, the memorandum shall be attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made.

The police officer will also need to inform the arrested person that he has a right to have a relative or a friend named by him informed of his arrest. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

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Answered on 2/18/09, 10:20 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: cr,pc ammendement

No.

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Answered on 2/19/09, 3:37 am
Pranav Desai PD Legal & Associates

Re: cr,pc ammendement

No, accused cannot feel free

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Answered on 2/19/09, 4:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cr,pc ammendement

The law will follow its own course.

You should better confine yourself to the facts and legal problem of your case.

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Answered on 2/18/09, 3:21 pm


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